Blog

< Back

Over the last few years there have been quite a few amendments to court rules. These are the rules that govern what may be done in court and when.

 

Nothing can take place in court that does not have a valid rule behind it. 

 

The reason why this is of importance is because in many cases, a person chooses to enforce his/her right to appear in court in personal capacity(in other words, without an attorney) and while this is an enshrined right, it is in most cases certainly not advised.

 

There are various time contraints that are applied to service and filing of certain prescribed forms such as summons, pleas and notices and in cases where a lay person argues against a qualified attorney these rules are used to show non-compliance and can cause punitive cost orders to be made against such a person. Punitive cost orders can add huge amounts to any judgement debt and also attract interest at the prescribed rate of 10.5 % per annum as currently prescribed. 

 

It is of utmost importance that every person be aware of his/her right to legal representation and that legal guidance be sought even in cases where such right is exercised by the litigant in personal capacity.

 

It comes back to the old saying " being penny wise and pound foolish". There is a reason attorneys exist. No reasonable person would try to do a operation on himself but would rather seek out a Doctor. The same should in all cases apply to legal matters. Seek out an attorney.

 

Don't let cost orders be made due to non-compliance with the rules and ALWAYS CONTACT YOUR ATTORNEY FOR ADVICE.

 

- Du Bruyn Attorneys

 

P.S. If you don't have an attorney (or even if you do) feel free to contact us.